Bismarck adopts public camping ban similar to Fargo

BISMARCK — Homelessness is not just a Fargo issue in North Dakota.
Bismarck now has its own ban on public camping.

The Bismarck City Commission passed that ban Tuesday, Oct. 8, just a month

after Fargo passed its own rules

for homeless encampments.

Bismarck City Commissioners faced a struggle the Fargo City Commission is very familiar with: balancing public safety and cleanliness with compassion for one of the state’s most vulnerable communities.

Some officials say the issue is growing across the state, with North Dakota’s candidates for governor also weighing in.

“The first step is to provide a tool for the law enforcement, for Bismarck Police Department to be able to respond to situations where we do have calls for complaints effectively,” Bismarck city administrator Jason Tomanek, said.

Bismarck’s prohibition on public camping includes exceptions, much like Fargo’s own ordinance. Homeless people will be able to sleep outside in certain designated areas.

Before removing a campsite, the city must provide 24-hour notice. In Fargo, the city offers 48 hours.

Fargo’s ordinance contains exceptions for people who establish a housing plan with a mobile outreach team staff from the Downtown Engagement Center, and abide by certain rules covering cleanliness and proximity to other camps.

At Tuesday’s Bismarck City Commission meeting, there was a long line for public comment, with some citizens raising concerns about cleanliness and safety.

City commissioner Michael Connelly argued that without a clear set of guidelines, the problem could only get worse.

“Folks are going to go to the communities that don’t have ordinances, and that’s going to be a huge challenge,” he said.

Multiple people who work with Bismarck’s homeless population told the council that area shelters are overcapacity, just as they are in Fargo.

North Dakota’s gubernatorial candidates acknowledge the issue is now statewide, with both calling on boosts to services.

“We just can’t throw out the mentally ill who need help. We just can’t abandon them on the streets,” State Sen. Merrill Piepkorn, the Democratic candidate for governor, said.

“We have to get really, really aggressive, and we have to get creative, because we don’t have enough addiction counselors,” U.S. Rep. Kelly Armstrong, R-N.D., said.

One Bismarck commissioner echoed that concern, saying that it might be the time for more than local solutions.

“We need to have the state involved and engaged in trying to solve this problem. This doesn’t solve homelessness, but it’s a step forward to try and keep our cities safe and clean up some of the more egregious problems we have,” Bismarck City Commissioner John Risch said.

Violating the Bismarck ordinance would be class B misdemeanor, and includes a fine up to $1,500.

Bismarck City Attorney Jannelle Combs said that’s primarily a tool for police to be able to enforce the ordinance, and says it’s very unlikely that anyone would face such a fine.

Mike McGurran has been a reporter and anchor at WDAY-TV since 2021.